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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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And if the person in the state of ihram has sexual intercourse before the first release, their ritual is invalid, and they must continue in it and make it up in the following year.

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The Shaykh: Then he said "And if the person in the state of ihram has sexual intercourse before the first release" This is the eighth prohibited act, namely sexual intercourse, which is the most severe in sin and the greatest in its effect on the ritual. Sexual intercourse occurs by inserting the glans into the vagina or the anus. If a person inserts the glans into the vagina or the anus, this is sexual intercourse, and it is forbidden by the explicit text of the Qur'an. Allah the Exalted said:
Hajj is [during] well-known months, so whoever has made Hajj obligatory upon himself therein [by entering the state of ihram], there is [to be for him] no sexual relations and no disobedience and no disputing during Hajj. And whatever good you do - Allah knows it. And take provisions, but indeed, the best provision is fear of Allah. And fear Me, O you of understanding. فمن فرض فيهن الحج فلا رفث
[Al-Baqarah 2:197]
Ibn 'Abbas (may Allah be pleased with them both) interpreted this as sexual intercourse. Sexual intercourse has two states: the first state is that it occurs before the first release, and the second state is that it occurs after the first release. If it is before the first release, listen to what follows from it. But before we mention what follows from it, let us know what the first release is and how it is achieved? The first release in Hajj is achieved by stoning the Jamarat al-Aqabah. If he does not stone the Jamarah, he is in a complete state of ihram. If he stones the Jamarah, he achieves the first release according to many scholars. According to others, he does not achieve release unless the stoning is accompanied by shaving or shortening the hair. If he shaves or shortens his hair along with the stoning, he has achieved the first release. And how is the second release achieved? The second release is achieved by adding to the stoning and shaving or shortening the hair, the tawaf and sa'y, if he is performing tamattu', or if he is performing ifrad or qiran and did not perform sa'y with the tawaf of arrival. So the first release is achieved by what? By stoning and shaving or shortening the hair, and the second by stoning and shaving or shortening the hair, tawaf, and sa'y. Four or five? Stoning, shaving or shortening the hair, tawaf, sa'y. What remains of what is done on the Day of Sacrifice is the sacrifice, slaughtering the hady. This has no connection to release. You can achieve all the releases without slaughtering the hady because it has no connection to release. So the author says "If he has sexual intercourse before the first release, their ritual is invalid, and they must continue in it and make it up in the following year" These are three rulings, and two rulings remain: the sin and the expiation, which is a camel. So sexual intercourse before the first release results in five things: first, the sin; second, the invalidity of the ritual; third, the obligation to continue in it; fourth, the obligation to make it up; and fifth, the expiation, which is a camel, not a sheep. A camel is slaughtered in the makeup. An example of this is a man who has sexual intercourse with his wife on the night of Muzdalifah in Hajj. What do we say to him? Meaning, he did it knowingly and intentionally, without any excuse. We say: Now, five things have resulted from your sexual intercourse. The first is the sin, so you must repent.
The second is the invalidity of the ritual, so this ritual is not considered valid.
The third is the obligation to continue in it, so you must complete it, based on the saying of Allah the Exalted
And complete the Hajj and 'umrah for Allah وأتموا الحج والعمرة لله
[Al-Baqarah 2:196]
. The fourth is the obligation to make it up from the coming year, without delay. The fifth is the expiation of a camel, by slaughtering it in the makeup. He must do all these five things because he had sexual intercourse before the first release. Now, as for the sin, it is clear that it results from his action because he disobeyed Allah (Mighty and Majestic) in His saying
and no lewdness فلا رفث
. As for the invalidity of the ritual, it is based on the practice of the Companions (may Allah be pleased with them) in that matter, and there are marfu' hadiths reported on it, but they are weak. What is authentic is from the Companions. Likewise, the obligation to continue in it is authentic from the Companions, from 'Umar and others. The Zahiriyyah held the view that his ritual is invalid and nullified, and he should leave and not be able to make up an invalid ritual, because they say: Is the invalid ritual in accordance with the command of Allah and His Messenger? If you say yes, it follows that Allah and His Messenger command invalidity. If you say no, they say that the Prophet (peace and blessings be upon him) said
He who did any act for which there is no sanction from our behalf, that is to be rejected. من عمل عملاً ليس عليه أمرنا فهو رد
Sahih Muslim 1718b
and the rejected thing has no benefit in its action
What would Allah do with your punishment if you are grateful and believe? ما يفعل الله بعذابكم إن شكرتم وآمنتم
[An-Nisa 4:147]
. So he should leave. Some scholars from the Tabi'un said that he achieves release with 'Umrah. The Hajj is now invalid, so he achieves release with 'Umrah and makes it up. They consider this to be in the position of one who missed standing at 'Arafah, who achieves release with 'Umrah and is released. But there is no doubt that the Companions (may Allah be pleased with them) are deeper in knowledge than us and better in opinion than us, so they are closer to the truth than we are. So we take their statements and say that it is invalid and you are obligated to continue in it. In this is the blocking of the door for people of evil and corruption, because perhaps if we said that if it is invalid he should leave, he would not care about sinning; he would have sexual intercourse in order to leave and have sexual intercourse with his wife whenever he wants. So if we block the door on him and say you are obligated to continue, there is wisdom in this for disciplining him and deterring him. Now, if he continues in this invalid ritual, is its ruling the same as the valid one in the rest of ... .
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

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